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Media interests / UK kicks out undesirable citizens
« Last post by Captain Walker on February 23, 2019, 05:26:38 PM »
I can't recall where I read it, but the UK has 4 classes of citizens. The media have recently reported some as 'second-class' citizens. This matter has arisen become hot in relation to Sajiv Javid stripping Shamima Begum of British Citizenship. For the avoidance of doubt, I hope legal persons including law students can occupy their minds with the legal issues. I'm not opening up a moral debate - which can happen on another site, such as Facebook.

Some key facts that are known and accepted:
1. Begum was born in the UK
2. Grew up in the UK until age 15 - she is now 19.
3. Departed to join ISIS and related causes another land shortly after that.
4. Produced a child recently.
5. Wants to return with child.
6. Has been refused re-entry based on her beliefs and association with terrorist ideologies.
7. Her British citizenship has been voided.
8. She never held dual citizenship or passport from another country (to her knowledge).

The issues (paraphased for easy reading):
1. Her mother is Bangladeshi.
2. Therefore she is eligible to have dual nationality or citizenship, according to the UK authorities.
3. Bangladesh says she is not a citizen, "The Government of Bangladesh is deeply concerned that she has been erroneously identified as a holder of dual citizenship shared with Bangladesh alongside her birthplace, the United Kingdom."
4. The UK authorities say that she is a Bangladeshi citizen or eligible to be one, based on long legal tradition in Bangladesh - having been born of a Bangladeshi mother. This said to be consistent with application of the British Nationality Act 1981.
5. Fahad Ansari, a lawyer who acted for two men in a similar case, has said the UK-born children of Bangladeshi parents are automatically dual citizens at birth, but that right lapses at the age of 21.
5. International law prohibits stripping a person of their citizenship if they are not also a citizen of another nation.
6. At this time Begum resides in a refugee camp in northern Syria.
7. Unclear is the status of Begum's child.

1. Begum and family are suing the government.

Possible outcomes:
A. Battle between the UK and Bangladeshi law.
B. Battle with International Law.
C. Battle between Begum and UK Home Office.

But hold on - is there a problem? Some say hundreds of thousands of second generation citizens rights are affected by this application of the law. But strangely nobody could throw out the killer of Amy Houston. Why?

Compare and contrast case of Kweku Adoboli

Disclaimer: I have no association with any of the persons named above, or any other person or organisation associated with their causes. I have no missions.

Constitutional and Public Law / Re: Representing a client in court
« Last post by Gail on December 14, 2018, 05:47:59 PM »
Congratulations on your win, well done.

It's a real buzz being a lay rep isn't it? :) I've done it loads of times in various settings, including small claims (and won).

I had a similar problem with my landlord a couple of years ago. For ten years I had been complaining about the joists in the living room and dining room needing fixing as the floors were sinking and it was possible to put your fist through the hole between the floor and the skirting boards.
Decided to inform landlord (gave them one months notice) of intention to stop paying rent until repairs are done, and if repairs were not done by the time the rent had reached enough to pay for the repair, then the repair will get done with that money. Rent was placed in a bank savings account.
It took the landlord 4 months and instead of just fixing the problem they decided to start eviction proceedings for non-payment of rent  :laugh:

Not a chance :)

I avoided having to go to court, and avoided them even starting eviction proceedings, by sending them such a strongly worded email which included threats of counter-suing for around £1,800 for ruined, replaced furniture etc.
They got my letter and within two weeks had stopped all proceedings and finished the repairs. Once the repairs were done to my satisfaction, I paid the rent.

It's a shame that such lengths have to be gone through to get simple repairs done when you have a landlord. Yet they still expect you to pay the rent regardless. 
Constitutional and Public Law / Representing a client in court
« Last post by Mohan on December 14, 2018, 05:05:48 PM »
On 2nd November, I represented a client in Small Claims Court for the first time. I won!

A quick summary of my case at court:

I don’t know how many of you know this but in the small claims court, a person is permitted representation by a layman, that is, someone who does not need to have a law licence. One of my friends, David (some of you may know him), a former Open University student, now a graduate in law, has actually set up a business doing this, for the past 5 years. He encouraged me to do the same.

In fact, the client I represented was referred to me by David because he lived closer to me than to David (David is closer to London, so hours away), and needed some help navigating the murky waters of small claims court.

In short, the client had a leaking roof since 2010. The City Council owned the property then and did not do any effective repairs. In 2016, the client bought the apartment he was living in. It was one apartment, in a building that contained 4 such apartments. The result was that he owned the apartment under a lease for the building, which was still owned by the Council and who was still responsible for repairs to the outside of the apartment where the client lived, including the roof of course.

The leak in the roof continued up to February 2018 this year when the client filed his claim in court, then the Council hastily put down a tar covering on the roof to stop the leak. It wasn’t enough, as by then 8 years of leaks had damaged his apartment to some severity. He was so stressed he had to be medicated and treated for depression and anxiety.

At court, the Council sent a barrister (a lawyer who has rights to present cases before a judge), a solicitor (who researches and prepares the cases for the barrister to present) and a junior lawyer. Plus, the Council’s witness, the person responsible for the computer system that logs the repair calls and passes the jobs to the repair contractors. This witness brought in the call logs for the past 8 years showing that when the tenant (my client) called to get repairs done, he was not at home when the workers turned up. 13 pages of call logs.

But here is the Council’s mistake. The barrister argued first that the tenant, my client, had a responsibility to call the Council to repair the roof. Well, the very fact that there were 13 pages of call logs was like shooting themselves in the head, right? I couldn’t believe a qualified barrister made such an elementary error.

Second, he argued that the tenant/my client should be home to allow access to the roof. I merely pointed out to the judge that the Council’s own witness said in his witness statement that the roof was accessed at least twice using an elevated electrical platform from outside and that at that time the tenant was not at home. So that was another headshot, right? 😊

The result was that the judge agreed that my client had no duty to inform the Council more than he already did, that he was not needed to access the roof and that the statutory law, as well as his lease, made the Council responsible for the repairs. He was awarded £6000, plus costs. 😊

My client is very happy.
Media interests / Big GDPR breach at Marriott group!
« Last post by Captain Walker on December 04, 2018, 02:02:32 AM »
You'll have to click the link to learn more. Basically, The Starwood Hotels and Resorts data breach, in which 500 million hotel guests’ data was exposed, could lead to brand owner Marriott to the world’s first significant fine under GDPR. The news article labels it as a 'potentially' -well we all know what that means.

I'm concerned because I've stayed at the Marriott on several occasions over the last few years. Maybe I could get a few quid! LOL.

I know of two people who have had data breaches caused by NHS Informatics. But who cares about that - cuz basically they're 'thuh govt'.
Constitutional and Public Law / Asia Bibi
« Last post by Captain Walker on November 16, 2018, 12:48:34 AM »
Immigration law is one of the most fascinating.

Asia Bibi was recently turned down the Home Office on application for asylum, on the grounds that she was likely to cause civil unrest by her presence in the UK. People who do not know of the case might have thought that Bibi was a terrorist. But then again, terrorists have a better chance of entry to this country.

Bibi - a Christian - was sentenced to death for blasphemy (in Pakistan). The Pakistan Supreme Court overturned the conviction of a death sentence reduced initially to a prison sentence.

An MP was murdered for fighting for Bibi's rights. Death threats were then hurled at the Prime Minister. A judge was murdered. Then a fatwah was declared on judges in the Supreme Court who overturned Bibi's sentence.

There's an easy way to avoid these details: categorise it as fanaticism. For me I'm interested in cultures and the rule of law. It would appear that there are certain groups of people who do not submit to the law, on the grounds that they follow a higher law - alias God's law.

No links to this case provided. Those interest can Google it.

What did Bibi do wrong originally? Have an argument, drink from the wrong water, and be a Christian. Go read about it (or not).
If only someone would make a TV Series about a lawyer who wasn't really a lawyer...
Hope everyone's having a good summer!
Lawless ;)
What's even more interesting is that all who knew that the person was faking being a lawyer have taken no action. How is that to be explained? Even seeking an explanation meets with silence.
Constitutional and Public Law / Re: A summary of judicial review
« Last post by Mohan on July 29, 2018, 04:12:14 PM »
When a Chief Justice is under pressure for breaching ethical rules.
Constitutional and Public Law / Becoming a Human Rights Defender
« Last post by Captain Walker on July 08, 2018, 08:19:32 PM »
What is a 'Human Rights Defender'? Read all about it and those interested can sign up for the qualifying course, run by Amnesty International at EDX. Yes - I'm doing the course!

The case of Esther Kiobel vs. Shell is a classic case. This is the story of a woman who spent 22 years fighting one of the world’s largest oil companies on Human Rights abuses.

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